Barclaycard - CCA Enforceability - no agreement supplied, what shall i do now?

[debtkills]

Hi,

 

I requested my credit card agreement from barclaycard on 10th November 08 and didnt receive a reply from them until 30th December (considerably more than than the 12 days requested.

 

In this response they did apologise for the delay and enclosed 'a copy of your original barlcaycard credit agreement at the time you opened your account'. They also stated my balance etc.

 

 

In addition they said that my current credit agreement would be sent in a seperate letter.

 

 

The original credit agreement they have enclosed is just a barclaycard agreement - a copy for your records and has no signature on it at all or even a space to sign. It has a section entitled cancellation form which can be completed.

 

 

The second document that was sent in the seperate letter is again a sheet of conditions but has no signature or space for a signature anywhere.

Based on the above what is your opinion on enforceability of the agreements?

 

 

I then sent them a second letter requesting the agreements again and stating that they did not provide the information I asked for. It has been months now and I still have not heard anything back.

 

I am beginning ti assume BC dont have a signed agreement for this account and I wanted to know what I should do next. I would like to be able to stop making payments, but I want to follow correct procedure so that they cannot chase me for it later and not harm my credit score.

 

This card was taken out in 1996 and it was not an online application.

 

The link below shows the documents they have sent me.

 

http://photobucket.com/BarclaycardCCA

 

Your advice would be greatly appreciated.

 

Many thanks,

 

DK

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[debtkills]

I have already sent them a similar letter to this months ago to which they have not replied....

[cerberusalert]

Did you sent it recorded delivery & was it signed for? If so the letter states that you are disputing the debt because they have failed to provide an enforceable CCA & you would be entitled to cease any further payment until they do provide one.

[debtkills]

Yes i did, and it was signed for.

[42man]

I'd recommend trying this - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html - with hopefully this result - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish-3.html#post2119750

[lisdav68]

I received the same documents if you look carefully the charges are at £12.00, these did not come into effect until a few years back so this is not your copy.

[lisdav68]

received the same documents if you look carefully the charges are at £12.00, these did not come into effect until a few years back so this is not your copy.e the above statement replied to the wrong question.sorry